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49 U.S.C. § 41742 — Essential air service authorization

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41742 — Essential air service authorization

**(a) In General.—** (1) **Authorization.—** — Out of the amounts received by the Federal Aviation Administration credited to the account established under [section 45303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section45303&num=0&edition=prelim) or otherwise provided to the Administration, the sum of $50,000,000 for each fiscal year is authorized and shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter. (2) **Additional funds.—** — In addition to amounts authorized under paragraph (1), there is authorized to be appropriated out of the Airport and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) $348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 to carry out the essential air service program under this subchapter of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for communities and for State marketing assistance. (3) **Authorization for additional employees.—** — In addition to amounts authorized under paragraphs (1) and (2), there are authorized to be appropriated such sums as may be necessary for the Secretary of Transportation to hire and employ 4 additional employees for the office responsible for carrying out the essential air service program. **(b) Distribution of Additional Funds.—** Notwithstanding any other provision of law, in any fiscal year in which funds credited to the account established under section 45303, including the funds derived from fees imposed under the authority contained in section 45301(a), exceed the $5

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Source file: Laws/federal/codes/united-states-code/title-49/section-41742-essential-air-service-authorization--cbbc59d0f7.md
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Source location: Title 49, Chapter 417, § 41742; chapter-417-operations-of-carriers.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 106 — Federal Aviation Administration

**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation. **(b) Administration Leadership.—** (1) **Administrator.—** (A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years. (E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) **Deputy administrator.—** (A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) *Qualifications.—* — The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s

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49 U.S.C. § 45303 — Administrative provisions

**(a) Fees Payable to Administrator.—** All fees imposed and amounts collected under this chapter for services performed, or materials furnished, by the Federal Aviation Administration are payable to the Administrator of the Federal Aviation Administration. **(b) Refunds.—** The Administrator may refund any fee paid by mistake or any amount paid in excess of that required. **(c) Receipts Credited to Account.—** Notwithstanding [section 3302 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim), all fees and amounts collected by the Administration, except insurance premiums and other fees charged for the provision of insurance and deposited in the Aviation Insurance Revolving Fund and interest earned on investments of such Fund, and except amounts which on September 30, 1996, are required to be credited to the general fund of the Treasury (whether imposed under this section or not)— (1) shall be credited to a separate account established in the Treasury and made available for Administration activities; (2) shall be available immediately for expenditure but only for congressionally authorized and intended purposes; and (3) shall remain available until expended. **(d) Annual Budget Report by Administrator.—** The Administrator shall, on the same day each year as the President submits the annual budget to Congress, provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (1) a list of fee collections by the Administration during the preceding fiscal year; (2) a list of activities by the Administration during the preceding fiscal year that were supported by fee expenditures and appropriations; (3

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9502 — Black Lung Disability Trust Fund

**(a) Creation of Trust Fund** (1) **In general** — There is established in the Treasury of the United States a trust fund to be known as the “Black Lung Disability Trust Fund”, consisting of such amounts as may be appropriated or credited to the Black Lung Disability Trust Fund. (2) **Trustees** — The trustees of the Black Lung Disability Trust Fund shall be the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services. **(b) Transfer of certain taxes; other receipts** (1) **Transfer to Black Lung Disability Trust Fund of amounts equivalent to certain taxes** — There are hereby appropriated to the Black Lung Disability Trust Fund amounts equivalent to the taxes received in the Treasury under section 4121 or subchapter B of chapter 42. (2) **Certain repaid amounts, etc.** — The following amounts shall be credited to the Black Lung Disability Trust Fund: (A) Amounts repaid or recovered under subsection (b) of section 424 of the Black Lung Benefits Act (including interest thereon). (B) Amounts paid as fines or penalties, or interest thereon, under section 423, 431, or 432 of the Black Lung Benefits Act. (C) Amounts paid into the Black Lung Disability Trust Fund by a trust described in section 501(c)(21). **(c) Repayable advances** (1) **Authorization** — There are authorized to be appropriated to the Black Lung Disability Trust Fund, as repayable advances, such sums as may from time to time be necessary to make the expenditures described in subsection (d). (2) **Repayment with interest** — Repayable advances made to the Black Lung Disability Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary of the Treasury determines that moneys are availa

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49 U.S.C. § 40101 — Policy

**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition— (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of— (A) the

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41733 — Level of basic essential air service

**(a) Decisions Made Before October 1, 1988.—** For each eligible place for which a decision was made before October 1, 1988, under section 419 of the Federal Aviation Act of 1958, establishing the level of essential air transportation, the level of basic essential air service for that place shall be the level established by the Secretary of Transportation for that place by not later than December 29, 1988. **(b) Decisions Not Made Before October 1, 1988.—** (1) The Secretary shall decide on the level of basic essential air service for each eligible place for which a decision was not made before October 1, 1988, establishing the level of essential air transportation, when the Secretary receives notice that service to that place will be provided by only one air carrier. The Secretary shall make the decision by the last day of the 6-month period beginning on the date the Secretary receives the notice. The Secretary may impose notice requirements necessary to carry out this subsection. Before making a decision, the Secretary shall consider the views of any interested community and the appropriate State authority of the State in which the community is located. (2) Until the Secretary has made a decision on a level of basic essential air service for an eligible place under this subsection, the Secretary, on petition by an appropriate representative of the place, as defined by the Secretary, shall prohibit an air carrier from ending, suspending, or reducing air transportation to that place that appears to deprive the place of basic essential air service. **(c) Availability of Compensation.—** (1) If the Secretary decides that basic essential air service will not be provided to an eligible place without compensation, the Secretary shall provide notice that an air carrier

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41733

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41742 — Essential air service authorization

Page 1189 TITLE 49—TRANSPORTATION § 41742 shall not receive . . . unless’’ for clarity. The words ‘‘approved by the Secretary’’ are substituted for ‘‘com- plies with regulations or orders issued by the Secretary governing the filing and approval’’ to eliminate unnec- essary words. The words ‘‘The policy or plan must be sufficient to pay . . . but not more than the amount of the policy or plan limits’’ are substituted for ‘‘in the amount prescribed by the Secretary which are condi- tioned to pay, within the amount of such insurance, amounts’’ because of the restatement. The words ‘‘for which such air carrier may become liable’’ are omitted as unnecessary. The word ‘‘individual’’ is substituted for ‘‘person’’ because it is more precise. The word ‘‘op- eration’’ is substituted for ‘‘operation or maintenance’’ because it is inclusive. § 41742. Essential air service authorization (a) IN GENERAL.— (1) AUTHORIZATION.—Out of the amounts re- ceived by the Federal Aviation Administration credited to the account established under sec- tion 45303 of this title or otherwise provided to the Administration, the sum of $50,000,000 for each fiscal year is authorized and shall be made available immediately for obligation and expenditure to carry out the essential air serv- ice program under this subchapter. (2) ADDITIONAL FUNDS.—In addition to amounts authorized under paragraph (1), there is authorized to be appropriated out of the Air- port and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) $348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 to carry out the essential air service program under

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41742

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